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1,014 result(s) for "Forensic rhetoric"
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Disorder in the court : morality, myth, and the insanity defense
\"The first book-length rhetorical history and analysis of the insanity defense. The insanity defense is considered one of the most controversial, most misunderstood, and least straightforward subjects in the American legal system. Disorder in the Court: Morality, Myth, and the Insanity Defense traces the US legal standards for the insanity defense as they have evolved from 1843, when they were first codified in England, to 1984, when the US government attempted to revise them through the Insanity Defense Reform Act. Throughout this period \"insanity\" existed primarily as a legal term rather than a medical one; yet the testimony of psychiatric experts is required in cases in which an insanity defense is raised. The adjudication of such cases by courtroom practice is caught between two different but overlapping discourses, the legal and the medical, both of which have historically sought to assert and maintain firm disciplinary boundaries. Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings. Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one's actions does not map neatly onto the mental health professions' understandings of mental illness and how that affects an individual's ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury--or a public, for that matter--that a defendant is or is not responsible for his or her actions at a particular moment in time. Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v. United States, and the trial of John Hinckley Jr. that signal the major shifts in the legal definitions of the insanity defense. Combining archival, textual, and rhetorical analysis, Alden offers a close reading of texts including trial transcripts, appellate court opinions, and relevant medical literature from the time period. She contextualizes these analyses through popular texts--for example, newspaper articles and editorials--showing that while all societies have maintained some version of mental illness as a mitigating factor in their penal systems, the insanity defense has always been fraught with controversy\"-- Provided by publisher.
Rhetorical Trajectories from the Early Heidegger
With the publication in 2002 of Martin Heidegger's summer semester 1924 lectures, “Basic Concepts of Aristotelian Philosophy,” a major new star appeared in the constellation that is twentieth-century rhetoric. Since then, a growing secondary literature has emerged. This article organizes that literature as a series of specifications closing in on Heidegger's critical conception of rhetoric as potentially a hermeneutic of the everydayness of being with others, and it claims that our understanding of this everydayness will remain flat or partial until we situate the concept in the sequence of Heidegger's thought in the 1920s. If we work through pre-1924, 1924, and post-1924 periods, it becomes clear that there are religious, modal, and sophistic contexts for Heidegger's evolving conceptualization of everydayness. The concept of everydayness that emerges is disheveled but rich. The article concludes by suggesting that only faint echoes of these potent rhetorical trajectories can be discerned in the late Heidegger.
The Future of Knowing and Values: Information Technologies and Plato's Critique of Rhetoric
Transhumanism that is centered on artificial intelligence shares core features with large-scale data collection and surveillance that commercial and governmental entities pursue: the idea that knowledge is informational in nature, that technologies are value neutral, and that ethical challenges can be framed in technical-procedural terms. In this article, I am mainly concerned with the latter, society-wide, manifestations of these features. Here, criticisms leading to technical-procedural changes in data practices are of limited use because they foster an illusion of foundational headway while leaving questionable assumptions about knowledge and values intact. Because what is closest is hardest to glean, we may more readily discern these assumptions if we see them operating in a milieu that is at once quite different and strikingly familiar. Ancient rhetoric manifests versions of our three factors. Plato's critique of rhetoric, along with aspects of his philosophical methodology, helps us see why we should contest increasingly prevalent views of knowledge and values—and do so before other constructions become unfathomable.
In Pursuit of Light War in Libya: Kairotic Justifications of War That Just Happened
This essay examines President Barack Obama’s March 28, 2011 address on the war in Libya to theorize a shift in twenty-first-century war rhetoric in which violence is insulated from critique through the numbing of public sensation. In contrast to traditional persuasive appeals aimed at securing collective participation and approval for war, Obama’s oratory is characteristic of “light war,” a mode of conflict that flows more freely by placing few demands on thought, feeling, and attention. I argue that Obama’s rhetoric limits the potential for audiences to sense the material consequences of war through a set of kairotic justifications in which violence is considered “just” in the dual sense that it just ended, and that it is just war, or merely a banal and quotidian version of conflict. After unpacking the anesthetizing features of Obama’s discourse, I conclude by addressing the prospects of resistance given the compressed interval for public thought and feeling to interrupt violent practices.
HOW TO ADDRESS THE ATHENIAN ASSEMBLY: RHETORIC AND POLITICAL TACTICS IN THE DEBATE ABOUT MYTILENE (THUC. 3.37–50)
In 428 b.c.e. the city of Mytilene launched a revolt against the Athenians and invited the Spartans to send them assistance. The plans for the revolt were reported to the Athenians (3.2), who sent a force against the city (3.3). The Mytilenians asked for help from the Spartans (3.4.5–6), but the fleet they sent arrived too late to help the city (3.26.4). The revolt appears to have been the initiative of the city's wealthier citizens: Thucydides reports (3.27–8) that heavy armour was not distributed to the people until Salaethus, the leader of the rebellion, realized that Spartan help would not arrive in time. Once the people received this armour, they refused to take orders from officials and held meetings, insisting that the government should distribute all available grain. If they did not, they threatened to negotiate on their own with the Athenians about surrender. The government was powerless to stop them and decided it was best to come to terms with the Athenians. It was agreed that the Athenians would have the power to act as they wished with the city and that the Mytilenians would have the right to send envoys to Athens to plead their case before the Assembly.
“Why Do You Seek the Living among the Dead?” Rhetorical Questions in the Lukan Resurrection Narrative
This article addresses the role of the rhetorical questions in the resurrection account in Luke 24–Acts 1 in order to provide insight into the rhetorical strategy of the author of Luke-Acts. The preface to Luke implies that Jesus's story was met with uncertainty (Luke 1:4). Indeed, the resurrection of Jesus was a central point of debate. I propose that in each of the four postresurrection appearance narratives— those of the two angelic men (Luke 24:1–12, Acts 1:9–14) and those of the risen Jesus (Luke 24:13–35, 36–53), the rhetorical questions raised by Jesus and the two men (Luke 24:5b, 26, 38; Acts 1:11) function to identify clearly, and ultimately defend, the crucial issues in the debate over Jesus's resurrection. I argue that the author employs these rhetorical questions in accordance with ancient rhetorical theory to help provide a cogent argument for the truth of Jesus's resurrection in the face of skepticism. This argument depends on three areas of investigation: (1) the criticism directed at the Christian tradition of Jesus's resurrection; (2) the use of rhetorical questions in ancient rhetorical theory; and (3) the function of rhetorical questions in Luke 24 and Acts 1 in light of Greco-Roman rhetorical standards. The goal of this article is to further scholarly understanding of the concern Luke-Acts manifests for the utilization of rhetorical standards in narrative composition and to give insight into Luke's apologetic purpose.
Rhetoric and Public Reasoning: An Aristotelian Understanding of Political Deliberation
This essay asks why Aristotle, certainly no friend to unlimited democracy, seems so much more comfortable with unconstrained rhetoric in political deliberation than current defenders of deliberative democracy. It answers this question by reconstructing and defending a distinctly Aristotelian understanding of political deliberation, one that can be pieced together out of a series of separate arguments made in the Rhetoric, the Politics, and the Nicomachean Ethics.
Eloquence is Power
Thomas Hobbes is a severe critic of rhetoric but he is also a careful student and skillful practitioner of the art of persuasion. Many critics have therefore argued that Hobbes's views of rhetoric are both conflicted and inconsistent. In contrast, I argue that Hobbes's conception of rhetoric displays remarkable consistency. While he rejects the abuses of rhetoric abundant in political oratory he nevertheless embraces the power of eloquence. In Leviathan Hobbes reconciles his appreciation of eloquence with his distrust of oratory by refashioning rhetoric into a private, rather than public art, which fulfills many of the traditional duties of rhetoric.
Genres as Species and Spaces
Contemporary genre theory is dominated by metaphors of evolution and speciation; this article proposes alternate metaphors of spatiality and exchange. A spatial understanding of genre permits more productive interactions between literary and rhetorical genre theory. A reading of Robert Burton'sThe Anatomy of Melancholyas a multigenred text suggests some of the potentials of this approach.